Bill C-11

Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Bill C-11—Time Allocation Motion

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, let us remember Bill C‑10 and the work my colleague from Drummond did. I helped him a few times because we were co-critics for arts and culture in the previous Parliament.

Now here we are with Bill C‑11, which covers essentially the same things. The Bloc Québécois has never stopped working with the arts community to make things better.

Here we have a bill that is basically the same and that the community is comfortable with. This is good work that has taken a lot of time and energy, and I think cultural stakeholders in Canada and Quebec are satisfied with it. The Bloc Québécois is very proud of this bill because we were very committed to it and put a lot of energy into it.

I would like to ask the government House leader why he is doing this to us today.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, it is clear that it is time to act.

A lot of time has gone into this. The member across the way is absolutely right.

Bill C‑11 is very important for the artistic community throughout Quebec and Canada. Artists and people create a heritage and stories that are essential to our country. It is very important to support people like that.

After the last parliamentary session, after much debate, after much time spent at the Standing Committee on Canadian Heritage, after much time spent in the House of Commons, I think it is time to act. That is what people across Canada want us to do.

That is why we will carry on today in order to get to the next stage, which is study in committee.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I am very distressed that we are once again seeing time allocation. I understand the predicament of the House leaders not being able to properly schedule how long it takes to look at a bill.

However, it is not our fault, as opposition members of Parliament, that Bill C-10 was put back to the starting block because of the election, which we as opposition members clearly did not call.

With Bill C-11, we have had very little time in the House to debate it. We do need to have improvements made. That is clear. I do not want to appear to be in any way joining in any overheated rhetoric that the bill is about censorship, but the bill needs work. It does need to go to committee, but we need to discuss it and debate it first because that is what Parliament is for.

I would urge the hon. government House leader to consider that we enforce our own rules. We would have more well-organized debates if we had the discipline to say we would observe the rule that no member can stand up and read a pre-prepared speech. That would reduce the number of members who are truly engaged on a file and who are able to give a speech off the cuff. It should help organize our House time. I would urge the hon. member to think of that, instead of continuing to use the methods that were honed by the previous government of Stephen Harper.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I appreciate the suggestion by my hon. colleague. There is going to be an opportunity to debate the Standing Orders. It will take place in June. It is essential that members take part in that debate. I, myself, always endeavour to speak extemporaneously because I do think something gets lost in prepared remarks, but that is a conversation for all members to have, to be able to reflect upon what rules best serve this place.

I share the member's frustration. My preference would be to work with all parties to be able to accommodate a calendar where we have fair and reasonable debate, but it has become clear, and it was over months and months with Bill C-8 when there was absolutely no progress made, and nothing offered to even get any progress, none whatsoever.

In terms of this bill, the reality is that Canadian artists and Canadian cultural producers, the people who tell the story of this country, are demanding action. It is time to move forward. There has been an enormous study of this issue. There is going to be an opportunity to move to committee to study the issue further, and of course it is going to come back to the House yet again.

Let us move forward. Our artists and our creators deserve that.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, from my perspective of sitting in the House day after day and witnessing what is going on across the way, it would appear to me as though Conservatives are just hell-bent on ensuring that absolutely no legislation gets through.

It does not even appear to matter what the piece of legislation is. It just seems to be motivated from this place of wanting to make sure the government is unsuccessful, regardless of what the issue might be. I believe that this is why we are seeing time allocation come forward.

Can the member comment on how he sees this and on the opposition's intention in playing these games?

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I obviously share my hon. colleague's frustration. There is an expectation when we are elected to this place that we will continue to move the business of the nation forward. When we get bills before us that were debated not only previously but also, obviously and very importantly, during the last election, the expectation is that we are going to engage meaningfully in processes that will advance that.

Seeing all of the dilatory actions that have been taken to slow, delay, shut down and obfuscate, I do not think things are being done in the spirit of what people were expecting from a minority government.

The reality here with regard to the bill is that we have Canadian artists and producers who absolutely expect us to take action. It was run on by not just our party. Many of the opposition parties took action in this regard. Canadians expect it. I understand that Conservatives want to block it, but they are one party, and they do not control the House.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, he has spoken a lot about these concurrence motions and about petty politics.

Can we have a guarantee from the House leader that we will not see a concurrence motion from the Liberals until after June 24, 2022?

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, what I absolutely will offer is the opportunity to sit down, as I have always said from the beginning of this, to work as we did on, as an example, Bill C-3. I have to say that the Conservatives came forward with a number of proposals on Bill C-3 to improve the bill, and we were able to do that. In so doing, we also created a calendar for when we were able to adopt it, to make sure we got Canadians the support they needed, both for the pandemic and to make important changes that the Conservatives brought forward.

I would say to the member opposite, as I have said to their House leader many, many times, that, if they want to bring something forward, if they are looking to improve a bill, or if they are looking to give us concrete information on how long they want to debate something, we would absolutely work with them.

I can tell members that in my time as House leader that has happened exactly zero times. Since we started this session in January, there has not been a single offer of that nature. There has been nothing put in front of us to improve a bill or to work with us on anything.

[Some hon. members]

Oh, oh!

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, the only thing, unfortunately, we have seen is obfuscation and blocking.

[The Assistant Deputy Speaker, Carol Hughes]

I would like to remind members that, when someone has the floor, they should not be interrupting. We are getting a lot of it on this side.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I am pleased to rise in the House to speak to the measure taken to move this forward.

On behalf of all artists in the cultural community in Montreal and Quebec, it is high time that we take action and move forward. The current system is unfair and antiquated. It should have been changed a long time ago.

Why not move ahead quickly to study the bill, improve it and ensure that people on the Web can participate in artistic creation in Quebec and Canada?

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, the hon. member is absolutely right. It is time for action. It is time to support our cultural community and the people who produce our heritage across Canada. The cultural sector has waited too long. We need to act now. That is why we are going to take the bill to the next stage.

Obviously, the debate and discussions on this bill will not end today. The study will continue in committee. The bill will then come back to the House for third reading, so there will still be plenty of time to discuss it.

However, it is essential to take action for our cultural communities, and that is what we are doing now.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, first of all, I find it passing strange that the minister is citing as an excuse for time allocation that there was a lot of time for debating Bill C-10 in the previous Parliament, so I think Canadians would be interested to know that this is truly just a repeat of Bill C-10 from the previous Parliament.

I have a very specific question for the minister. The government is committed to providing a policy directive to the CRTC after Bill C-11 is passed. The government will decide, after this bill is passed, how it will impact things like discoverability, Canadian content and digital-first creators. That impact will happen after Bill C-11 is passed, so we are being told, “Just trust us.”

I have a very simple question to ease the minds of many opposition MPs: Would the government be willing to table the policy directive to the CRTC prior to the passage of Bill C-11?

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, the member will know two things. One is that the CRTC will only impose regulations that will make material impact in achieving the goal of the bill, which is specifically to level the playing field for platforms showcasing Canadian content.

We have a circumstance today where broadcasters in more traditional lines of media have an obligation to contribute back to Canadian culture and Canadian content, and it is only reasonable in the digital space that the same expectation be held. If Netflix and Disney are profiting from the Canadian market, the expectation that they are going to contribute back to the cultural fabric of that market is absolutely essential. That is not just something we ran on as a party, but many of the parties in this House ran on it.

I heard all over Canada that we have an essential obligation to support Canadian content and Canadian culture. This means that we have world-class talent that not only enriches our lives and helps tell the Canadian story, but, frankly, enriches the planet. Our obligation to say to those Internet giants that they have to contribute to the place they draw their profits from is something that is pre-eminently reasonable and levels the playing field with more traditional media forums.